[L93065]

Hello everyone,

This is a California civil lawsuit.


On 05-10-2007, I received a letter from Eltman & Eltman stating that I received prior correspondence from them that they had been retained by Erin/Providian. (NEVER received that letter.) On 5/26/07 I sent a letter of validation to Eltman, they did not respond, On June 7th 2007, I received a letter stating that I failed to respond to a demand for payment and that their client elected to review file for suit. On 06-12-07 I sent out a response again requesting validaton, this time certified mail and still no validation. Instead, I received a summons and complaint on July 13, 2007, by a processor server.

I answered that complaint with a general denial and filed it with the court on 8/7/2007 and served a copy on the attorney. I have not received anything from the court or the attorney with regards to discovery or a hearing date.

Today, 9/7/2007, I received from the attorney a letter advising me that they were going to file a Request for Entry of Default Judgement. Attached to the letter:

The form for Request for Entry of Default Judgement
The form for Judgement
Request for Dismissal, (DOES 1-10 only)
A declaration Re: Computation of Pre-Judement Interest
A declaration re: CCP 1033 (b) and Waiver of Costs that exceed 219.00 Exhibit A is a letter they sent me advising that they were reviewing the matter for suit
Declaration re: open book account
Declaration re: Waiver of attorney Fees and Security Interest
and Proof of Service.

I thought the next step would be for them to start discovery. I have not received any notice of hearing or anything.

What steps can I take at this time to avoid the entry of a default? Can I do a bill of particulars at this time to have them prove up their case before entry?

Thanks to all in advance.
Edit/Delete Message

[jlynn]

You need to Get everything that is in the file at the courthouse. I know nothing about RCP's for CA but you will need to find some sort of Answer.

[Pale Rider]

Yeah check with the clerk of the court to get all the documents, and see if there were/are any hearings scheduled. Make sure you show up so they don't get the default. Start working on defense and counterclaims.

Is this out of SOL?

[Enigma]

Do the rules allow you to start the discovery process? If so do it now. I know for a fact when Providian sold off their bad paper, in the vast majority of cases, the documents did not transfer to the buyer and they cannot be obtained. The sale consisted of a spreadsheet.

Do you have the Providian card agreement?

[L93065]

I have been dilligent in watching for events on this court matter. I was advised over and over again that the court will send Notice of Hearing when a hearing is scheduled. In California, I believe because of the fast track, the Plaintiff has the duty to schedule a case management conference prior to trial. I received no notice that this has been scheduled.

I do not have the Providian agreement. The debt is within SOL.

What I am most concerned about is that the JDB is moving for entry of default judgement and I have not been notified of anything. It is almost as if they are going forward as if I did not ANSWER the complaint, AND I DID, properly and within the time limits. Surely the clerk will know this and DENY their motion. I just don't know if I need to respond to it.

[centex]

Although you have filed an Answer, I would also highly recommend that you file a motion opposing the default, with the basis for opposition being specifically that an Answer was previously filed and is in the possession of both the Court and the plaintiff.

Make sure all bases are covered...

[L93065]

Yea, that was my thought. I need to prepare a motion opposing the request for default. I really am pretty confident this JDB is just trying to force me into discovery 1st because I know he has nothing and I am sure this is an intimidation tactic on his part.

A simply drafted motion to oppose would be specific, right? Outlying the events of the proceedings up to the receipt of the request for default, numbered and pleading style, right?

I will be going to courthouse on Monday to review the file.

[cracrap]

ask the clerk for details , i know that i was told it had to be numbered and in pleading style for la superior district...

[hannah]

Originally Posted by L93065

I will be going to courthouse on Monday to review the file.

So what was in the file?

[L93065]

The summons, complaint, and all the case management, arbitration stuff that was sent with the complaint, my answer and proof of service. Thats all.

Again, I am convinced that the request to enter default was a scare tactic. I talked to the clerk. Nothing has been scheduled on the matter yet. Its still pending.

[hannah]

Originally Posted by L93065

The summons, complaint, and all the case management, arbitration stuff that was sent with the complaint, my answer and proof of service. Thats all.

Again, I am convinced that the request to enter default was a scare tactic. I talked to the clerk. Nothing has been scheduled on the matter yet. Its still pending.

At this point then you should go ahead and file an objection to the default judgment as Centex outlined previously.

Do you have any counterclaims under FDCPA, FCRA, or Cali consumer laws? If so, you should motion to amend your answer to include the counterclaim and file it.

[cracrap]

in reading your original post op..and mulling it over...did the letters from the attorney and whomever else follow the rosenthal act?
..they didnt respond to dv and according to the rfdcpa, they are required to do so...
if it were me, i would file counterclaims,even if they were eventually dismissed , they would still need to defend themselves against your accusations and you never never ever ever want to go into court as a defendant with no counterclaims because it creates the illusion that there is some guilt on your part ,, whether its justified or not...

best defense is a good offense when it comes to court